In an expected move, the U.S. Food and Drug Administration (FDA) published its final order ruling that trans fats are no longer generally recognized as safe (GRAS) in food products. Food manufacturers must phase out use of partially hydrogenated oils (PHOs) by June 18, 2018. Alternatively, food manufacturers may submit food additive petitions to the FDA if they believe that it is possible to establish safe conditions for use of PHOs in certain situations. As we reported previously, it is expected that the FDA’s new ban will spark a plethora of new plaintiff suits relating to trans fat content. So, in addition to phasing out trans fats (or filing a food additive petition), manufacturers and distributors should (1) watch for liability shifting provisions in contracts or terms proposed by others, and (2) review and update their own contracts and terms.
If you have questions about the FDA’s trans fats ban or other food regulatory questions, please contact Chris Predko (616.752.2190 or cpredko@wnj.com) or any other member of our Agribusiness and Food Industry Group.
